Showing posts with label california probate sales. Show all posts
Showing posts with label california probate sales. Show all posts

Thursday, January 13, 2011

The Trustee or Personal Representative Does NOT Sign the Natural Hazard Report


I sell a lot of of Probate and Trust sales. They are not quite like a traditional sale, but not as unlike a traditional sale as a Short Sale or Foreclosure. One of the differences are disclosure obligations. In California on of the diclosure requirements that causes the most confusion is what happens about the Natural Hazard Disclosure Report and statement. It is simple:
As per the Trust Advisory or Propbate Advisory that needs to be signed in each of these transaction the Trustee in the case of a Trust, or the Personal Representative in the case of a Probate, is required to provide a Natural Hazard Disclosure report, but is not to sign the report.
The most common request I have with these sales is for the Trustee's signature on the Natural Hazard Report. It is not an oversight that it was not signed, it was on purpose.
If you have any questions about trust or propabate sales in Santa Clara or San Mateo Counties, please feel free to ask me.
Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sales

Monday, November 8, 2010

Trust and Probate Disclosures in Santa Clara and San Mateo Counties


When you sell or purcahse a trust or probate sale, the disclosures are not the same as in a standard equity sale. The basic premise is that while the trustee or personal representative in the case of a probate does not fill out a Transfer Disclosure Statement or Seller's questionnaire, if that person knows anything about the house it needs to be disclosed.  It can go on a separate addendum but can not be hidden.  This is especially true if that person lived in the home with the person who has died, like a child, or other relative.  There are CAR forms which should be used, The Probate Advisory or the Trust Advisory,  that spell out which disclosures are exempt, and which are not.

The trustee or personal representative are exempt from filling out the TDS, Seller's supplemental or questionnaire, They do not have to sign a Natural Hazard Report or provide a Mello Roos Report. They do not need to provide smoke detectors. they do not need to provide the Hazard Booklet.
They do need to provide a Natural Hazard Report, strap the water heater, provide  a lead based paint disclosure, Data Base Disclosure, and FIRPTA.

I hope this clears it up and that you do not find anything terrible lurking behind the curtain. Please feel free to contact me if you have any questions.

Marcy Moyer
Keller Williams Realty
D.R.E. 01191194
650-619-9285

Marcy Moyer Keller Williams Realty Palo Alto, Ca. Specialist in Trust and Probate Sale

Thursday, September 9, 2010

I See Dead People or Why is a Probate or Trust Sale Like an REO?



My sister in law as executor of the estate just sold my mother and father in law’s house.  She chose a realtor who lived in the neighborhood who also was an reo realtor without a lot of reo inventory right now. (Not an unusual situation)  She turned out to be the perfect agent for the job because of her REO background.  She took a home that was filled to the brim with things that no one in the family wanted, had it cleaned out, trashed out, secured,  on the market at an aggressive price, and sold in 2 weeks.  I couldn’t have done better myself, except I would have staged it, but that is a separate story.

Getting a probate or trust sale ready for market is very similar to an REO.  When a homeowner dies his or her personal property must be disposed.  Things of value need to be appraised for tax purposes and are distributed accorded to the terms of the will, or in the case of no will sold and the money distributed according to state law.  There is often much left over that is not of value and someone needs to trash the home out, much the same way as an REO home is trashed out.  This job is often left to the realtor. The home will almost always be vacant, and again the realtor will need to make sure it is secure.

While probates and trusts do have some differences in the technicalities of sale from an REO, many of the disclosure exemptions are the same.  The executor is exempt from the  transfer disclosure, the seller’s questionnaire, the smoke detector requirement, and signature on the natural hazard report, but not exempt from providing the report.  If the realtor knows anything about the property he or she does have a duty to disclose anything that is material.

Homes that are sold through probates or trusts are very often not perfect.  There may have been a death on the property or there could have been many years of deferred maintenance when the owners got older.  They may even have been left empty for a period of time while the owner was in assisted living or a nursing home.  Like an REO property the realtor must make adjustments to the suggested price based on these issues which are common to both kinds of sales.  (Generally the death on the property is not found in REO properties, but it can happen.)

The other big similarity is that both REO homes and trust or probate homes have to be sold.  They are not owned by people who have the luxury to test the market and sell if they get the price they want.  They need to be sold, either to settle an estate or in the case of an REO to mitigate a loss.  As a result they are a wonderful opportunity for a buyer to get a home at a great price or a realtor to get an assured sale.  Both sides win in these types of sales.

So why the comparison?  If you are an REO realtor and add probates and trusts to your repertoire then many of the skills you have learned are very useful.  If you are an investor it is a good place to look when REO inventory is not getting you everything you want.  If you are an end user buyer these homes are worth exploring because of the motivation of most of the sellers.





Friday, September 3, 2010

A Great Home in a Great Neighborhood: Santa Clara Ca Open House This Weekend

Front View

OPEN HOUSE THIS WEEKEND
SATURDAY September 4th 
AND 
SUNDAY September 5th 1:30-4:30
Are you looking for a home in an idyllic neighborhood with great schools, close to conveniences, and with plenty of recreational activities?  

If so, the 3126 Ryan may be the home you have been waiting for. Here you will find 3 bedrooms including a master suite, 2 bathrooms, and separate family room, living room, and large eat-in kitchen plus a fully landscaped 6,000 square foot lot, attached 2 car garage, and a place to make wonderful memories.  






Play VisualTour

There are hardwood floors in the living room and 3 bedrooms, pergo in the family room, a new kitchen counter and floors, new dishwasher, and fresh interior paint. The excellent Santa Clara Schools include Sutter Elementary, Buscher Middle, and Santa Clara High. (buyer to verify)  


The neighborhood includes a swim club, ample shopping, and is convenient to major transportation routes.  


Don’t miss out on your opportunity to live the “California Dream.”

Wednesday, August 4, 2010

California Disclosures and Probate Sales



California has very extensive disclosure requirements for residential sales which are of great benefit to the buyer. They are a very good blue print for what kinds of issues need to be disclosed, which is of great benefit for the seller. However, when you’re in charge of selling a home that’s in probate the personal representative for the estate is not required to give some of the California mandated disclosures to the buyer.

The disclosures that are not provided by the personal representative include: The Transfer Disclosure Statement, The Seller’s Questionnaire, Earthquake Hazard Booklet, Earthquake Hazard Questionnaire, the signature on the Natural Hazard Disclosure but the report needs to be provided, and Smoke Detector Compliance.  The personal representative of the estate is not exempt from Lead Based Disclosure, Data Base Disclosure (Megan’s Law), Water Heater Disclosure and strapping, and disclosing anything that is personally known by the representative.

The anything that is known is the big one. It is probably better to do this on a separate addendum rather than just answer a few of the questions on the seller’s disclosure forms. So if you ever lived in the house or spent time there and know something, disclose it. It is so much easier to disclose before the sale, than after in front of an arbitrator or judge.  The estate will thank you!

Marcy Moyer
Keller Williams Realty

650-619-9285
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*photo courtesy of Housing Information